Note – For the purpose of this document MLB Photographic shall be referred to as MLB.
The visitor to the site or the individual (whether representing an organisation or not) who orders an image shall be referred to as the Client.
1) APPLICABLE LAW
a) The laws of England and Wales shall govern this agreement. These Terms and Conditions shall not be varied except by agreement in writing.
b) In the event of any conflict between these terms and conditions (including those relating to the time of payment) and those issued or submitted by the Client and in the absence of any contrary agreement in writing these Terms and Conditions shall prevail.
2) BOOKING FEE
a) This booking fee is not returnable except in the event of MLB cancelling the booking (all sessions will be re-scheduled)
b) Booking fees taken are non refundable except in the event MLB cancels the booking. Except exceptional circumstances solely as a result of bereavement.
c) Cancellation of the session by the client will result in the client losing their booking fee, (except in bereavement situations) & the full session payment being paid to MLB by the client.
2a) MINIMUM SPEND
a) The client accepts that booking with MLB enters themselves (as client) into a contract whereupon a minimum spend of their session is required. Any promotional, vouchers or referral gifts given by MLB will only be provided to client following receipt of said session fee.
Hardship payment plans are available in special circumstances as to be discussed & agreed with MLB.
3) FULFILLMENT OF OBLIGATIONS
a) MLB shall not be liable to the Client for any failure, in whole or in part, to fulfil its obligations where failure arises as a result of an event or circumstances beyond its control, which may include (but are not limited to) equipment failure.
b) The Client understands and accepts that the photographic coverage will be as MLB’s professional expertise determines. Special requests are not binding instructions although every effort is made to comply with the Client’s wishes.
c) In the unlikely event of total photographic failure or cancellation of the contract by either party or in any other circumstances the liability of one party to the other shall be limited to the total value of the contract.
Neither party shall be liable for indirect or consequential losses.
All images produced by MLB are edited on a fully calibrated monitor, and all prints will be a true reflection of the editing carried out by MLB. MLB will not be held responsible for variances in images caused by clients viewing images on non calibrated screens or monitors and also prints/products from suppliers other than through MLB.
a) Although MLB will do its best to produce more proofs than discussed with the Client, there is no guarantee that any particular number of proofs will be produced.
6) ARTISTIC INPUT
a) Save as otherwise agreed between the Client and MLB, MLB shall be entitled to use its judgement regarding the style and artistic input in the production of pictures. This includes but is not limited to locations, poses and number of images taken.
Due to the vagaries of weather and the willingness of subjects it may not be possible to capture all the pictures requested, or images to the clients full expectations. In the event of unco-operative children at a session of any kind, for any reason, MLB may not be able to capture any, or all the images the Client may have requested or expected. The Client is responsible for all older children at all times during sessions.
b) MLB fully edits all images before presenting to Client. Additional edits are carried out at the discretion of MLB, and MLB reserves the right to charge the Client for additional editing to cover time involved, at a rate of £55 per image.
Any additional edit requests MUST be raised by Client at the gallery viewing stage. Requests not raised at gallery viewing stage will not be considered once products have been ordered.
7) COPYRIGHT & REPRODUCTION
a) Copyright is retained by MLB at all times throughout the world. No image can be copied, scanned, saved, downloaded, screenshot or reproduced (filtered etc...) in any form whatsoever without the prior consent of MLB.
b) The Client may not alter or add to or manipulate a picture by means of computer, mobile, tablet or any other technique or reproduce a picture in whole or in part as an element within, or as a montage with, another picture without MLB’s written permission.
c) Permission to reproduce a picture is granted to the Client by MLB only when a fee for the reproduction has been agreed with MLB and an invoice has been issued by MLB and paid in full by the Client to MLB.
d) In the event of unauthorised reproduction, the Client shall pay by way of liquidated damages to MLB an unauthorised use fee of £200 per image, or double the standard reproduction fee for the use concerned, whichever is the greater.
e) The right to reproduce a picture granted by MLB is personal to the Client and may not be assigned to any third party without MLB’s prior written consent.
f) The Client will fully indemnify MLB against any unauthorised reproduction of a picture submitted to the Client made by any third party as a result of or arising out of any breach by the Client of any of these terms and conditions
(including but not by way of limitation the Client allowing a picture or a copy thereof to come into the possession of a third party without MLB’s prior written consent).
a) While MLB has taken reasonable care to correctly identify, caption and orientate the pictures, it does not accept any liability for loss or damage incurred by the Client or any third party caused by any errors.
9) RECEIPT OF PICTURES
a) The pictures are presumed to have been received in good condition unless the Client notifies MLB in writing of any discrepancy or error within 14 days of receipt.
b) If you choose to print your images with someone other than MLB Photographic, MLB Photographic will NOT be held responsible for the quality of third party printers.
10) COOLING OFF PERIOD
a) Because the supply of the photographs has been made to the Client’s personal specification, (i.e. image number, print size, frame style, etc.), the Client does not have the right to a cooling off period.
b) By placing an order with MLB you are committing to buy the products.
11) RETURNS POLICY
a) Incorrectly supplied items and items of poor quality can be returned and will be replaced at no extra charge to the Client.
b) Faulty items should be posted to Linzi. The Client is responsible for any costs associated with return postage.
c) Returns will not be considered for incorrectly ordered items or items ordered in error.
12) USE OF PICTURES
a) MLB retains the right in all cases to use the pictures in any manner at any time throughout the world for the purposes of sales, advertising or promotion, of its work. No images will be taken, stored or published of a sensitive manner… sensitive images include images of genitalia. Newborn buttocks are excluded from sensitive material.
13) IF ANY PROVISION OF THIS AGREEMENT IS HELD TO BE INVALID OR UNENFORCEABLE UNDER THE LAW, THE VALIDITY OF THIS AGREEMENT AS A WHOLE SHALL NOT BE AFFECTED, AND THE OTHER PROVISIONS OF THE AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT.
IMAGES ARE KEPT FOR THE PERIOD AS DOCUMENTED BY MLB AT THE DESCRETION OF MLB, CLIENT ORDERS ARE REQUIRED WITHIN THE TIME PERIOD TOLD BY MLB UPON GALLERY ACTIVATION, GALLERIES WILL REMAIN OPEN TO VIEW FOR 48HRS FROM RECEIPT OF YOUR PASSWORD.
A CHARGE OF £15 WILL BE INCURRED IF MLB HAS TO RE-ACTIVATE YOUR GALLERY.
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